(A) The work to be done under the permit, and the restoration and the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances constituting force majeure or when work was prohibited as unseasonal or unreasonable, all in the sole determination of the city. In addition to repairing its own work, the permittee must restore the general area of the work, and the surrounding areas, including the paving and its foundations, to the same condition that existed before the commencement of the work and must inspect the area of the work and use reasonable care to maintain the same condition for 36 months thereafter.
(B) In its application for an excavation permit, the permittee may choose to have the city restore the right-of-way. In any event, the city may determine to perform the right-of-way restoration and shall require the permittee to pay a restoration fee to provide for reimbursement of all costs associated with such restoration. In the event the permittee elects not to perform restoration, the city may, in lieu of performing the restoration itself, impose a fee to fully compensate for the resultant degradation as well as for any and all additional city costs associated therewith. Such fee for degradation shall compensate the city for costs associated with a decrease in the useful life of the right-of-way caused by excavation and shall include a restoration fee component. Payment of such fee does not relieve a permittee from any restoration obligation. It does not relieve the permittee from any restoration obligation, including, but not limited to, replacing and compacting the subgrade base material and the excavation. The restoration fee will not include the cost to accomplish these responsibilities.
(1) City restoration. If the city restores the right-of-way, the permittee shall pay the costs thereof within 30 days of billing. If, during the 36 months following such restoration, the right-of-way settles due to permittee’s excavation or restoration, the permittee shall pay to the city, within 30 days of billing, the cost of repairing said right-of-way.
(2) Permittee restoration. If the permittee chooses at the time of application for an excavation permit to restore the right-of-way itself, such permittee shall post an additional performance and restoration bond in an amount determined by the city to be sufficient to cover the cost of restoring the right-of-way to its pre-excavation condition. If, 24 months after completion of the restoration of the right-of-way, the city determines that the right-of-way has been properly restored, the surety on the performance and restoration bond posted shall be released.
(3) Degradation fee in lieu of restoration. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities.
(C) (1) The permittee shall perform the work according to the standards and with the materials specified by the city and in compliance with State Public Utility Commission Rule part 7819.1100. The city shall have the authority to prescribe the manner and extent to the restoration, and may do so in written procedures of general application or on a case-by-case basis. The city, in exercising this authority, shall be guided, but not limited by the following standards and considerations:
(a) The number, size, depth and duration of the excavations, disruptions or damage to the right-of-way;
(b) The traffic volume carried by the right-of-way; the character of the neighborhood surrounding the right-of-way;
(c) The pre-excavation condition of the right-of-way; the remaining life expectancy of the right-of-way affected by the excavation;
(d) Whether the relative cost of the method of restoration to the permittee is in reasonable balance with the prevention of an accelerated depreciation of the right-of-way that would otherwise result from the excavation, disturbance or damage to the right-of-way; and
(e) The likelihood that the particular method of restoration would be effective in slowing the depreciation of the right-of-way that would otherwise take place.
(2) Notwithstanding the foregoing, the maximum limits of restoration methods and area requirements the city will impose are found in Public Utility Commission Plates 1 to 13, shown in parts 7819.9900 to 7819.9950.
(D) By choosing to restore the right-of-way itself, the permittee guarantees its work and shall maintain it for 24 months following its completion. During this 24-month period, it shall, upon notification from the city, correct all restoration work to the extent necessary, using the method required by the city. Said work shall be completed within five calendar days of the receipt of the notice from the city, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable, all in the sole determination of the city.
(E) (1) If the permittee fails to restore the right-of-way in the manner and to the condition required by the city, or fails to satisfactorily and timely complete all repairs required by the city, the city at its option may perform or cause to be performed such work. In that event, the permittee shall pay to the city, within 30 days of billing, the cost of restoring the right-of-way.
(2) If the permittee fails to pay as required, the city may exercise its rights under the performance and restoration bond.
(Ord. 2004-09, passed 11-23-2004; Ord. 2019-02, passed 1-8-2019)